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Home My WebLink About8938 - Amendment 76-3RESOLUTION NO. 8938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE NEGATIVE DECLARATION AND APPROVING AMENDMENTS TO THE • LAND USE, RESIDENTIAL GROWTH AND RECREATION AND OPEN SPACE ELEMENTS OF THE NEWPORT BEACH GENERAL PLAN (Amendment No. 76 -3) WHEREAS, Section 20.51.070 of the Newport Beach Municipal Code provides that final amendments to a Planned Community Development Plan must be approved by a resolution of the City Council setting forth full particulars of the amendment; and WHEREAS, the Planning Commission conducted a public hearing on October 21, 1976, at which time it considered certain amendments to the Land Use, Residential Growth and Recreation and Open Space Elements of the Newport Beach General Plan; and WHEREAS, at said public hearing the Planning Commission adopted Resolution No. 964 recommending to the City Council that certain amendments to the Land Use, Residential Growth and Recreation and Open Space Elements of the Newport Beach General Plan be adopted as follows: 76 -3 -A. Amendment to the Land Use Element and Residential Growth Element to change the designation of the four lots at the southeast corner of Dahlia and Fifth Avenues in Corona del Mar from "Retail and Service Commercial" to "Two Family Residential ". 76 -3 -B. Amendment to the Land Use Element, Residential Growth Element and Recreation and Open Space Element to revise • the open space and paseo system in Harbor View Hills for consistency with adopted Planned Community Development Plans. • r follows: This amendment revises the General Plan Map as (1) Land Use Plan. Adds a "Recreational and Environmental Open:Space" designation corresponding • to the adopted paseo system for Harbor'View Hills along Spyglass Hill Road and E1 Capitan Drive. (2) Residential Growth Plan. Adjusts residentially designated areas to conform with the paseo system. (3) Open Space Plan. Adds a "Greenbelt" designa- tion corresponding to the paseo system, and adds a "Playlot" designation for the park site at the north- east corner of Spyglass Hill Road and E1 Capitan Drive. 76 -3 -C. Amendment to the Land Use Element adjusting and clarifying Specific Area Plan boundaries: (1) Cannery Village /McFadden Square Specific Area Plan. The revised Specific Area Plan area of the Cannery Village /McFadden Square Specific Area Plan includes the commercial and residential area southeast of 32nd Street and northeast of Balboa Boulevard and the commercial and residential properties between the existing boundary and 19th Street. These revisions are intended to encompass areas with problems of mixed uses and circulation which are adjacent to the existing Specific Area Plan boundaries. (2) Central Balboa Specific Area Plan. The revised Specific Area Plan area of the Central Balboa Specific Area Plan include the commercial uses and commercially zoned property on Balboa Boulevard, west of the existing boundary (where the General Plan indicates "Multi- Family Residential ".) The precise boundary of the Central Balboa Specific Area Plan area is shown on an 8 1/2" x 11" map • to be added to the Land Use Element report. 76 -3 -E. Amendment to the Land Use Element changing the designation of existing commercial uses on the south side of East Coast Highway easterly of Bayside Drive from "Recreational -2- • • and Marine Commercial" to "Retail and Service Commercial ", to reflect existing uses and zoning. 76 -3 -F. Amendment to the Land Use Element text and Residential Growth Element text adding possibility of residential development portion of the Aeronutronic -Ford site, adopted General Plan Amendment No. 31. to the Land Use Element text and the R Element text is as follows: a discussion of the on the undeveloped to reflect the previously The wording to be added =_sidential Growth "In accordance with General Plan Amendment No. 31 (adopted by the City Council February 9, 1976) residential development may be approved by the Planning Commission and City Council as an alternate use for the currently undeveloped portion of the Aeronutronic -Ford site, with specific density limits and development standards.to be determined at such time as the property owner submits development plans for City approval." 76 -3 -G. Amendment to the Land Use Element text adding a section pertaining to zoning and General Plan consistency. The wording to be added to the Land Use Element text is as follows: "Zoning /General Plan Consistency. The Government Code (Section 65860) states that the Zoning Ordinance shall be consistent with the General Plan as follows: '65860. (a) County or City zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent with a city or county general plan only if: (i) The city or county has officially adopted such a plan, and (ii) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses and programs specified in such a plan. -3- is (b) Any resident or property owner within a city or a county, as the case may be, may bring an action in the superior court to enforce compliance with the provisions of subdivision (a). Any such action or proceed- ings shall be governed by Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. Any action or proceedings taken pursuant to the provisions of this subsection must be taken within six months of January 1, 1974, or within 90 days of the enactment of any new zoning ordinance as to said amendment or amendments. (c) In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to such a plan, or to any element of such a plan, such zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.' As indicated in subsection (a) of Section 65860, zoning and General Plan consistency is defined in terms of the compatibility of zoning with the objectives and uses specified in the General Plan. This concept of compatibility allows for greater flexibility of interpretation than the term "consistency" in its strictest sense. Consequently, in certain cases zoning may be determined to be consistent with the General Plan on the basis of compatibility with its long -range objectives. It shall be the policy of the City of Newport Beach to seek the highest degree of consistency between the Zoning Ordinance and the General Plan, while recognizing that absolute conformity at any one point in time may not be feasible or desirable." The following wording is to be added to the text of the Land Use Element dealing with these problem areas: (1) Description of Recreational and Environmental Open Space: "Wherever the zoning of private property designated -4- as open space by the Land Use Element is inconsistent with said element, it is the intent of the City to seek the agreement of property owners for rezoning to open space, or to seek public acquisition of such • open space areas. No changes in land use on property designated for open space purposes shall be permitted which are not consistent with the policies and objectives of the General Plan." (2). Discussion of Specific Area Plans: "Within areas designated for a Specific Area Plan, existing zoning should not be considered inconsistent with the General Plan objectives since the Specific Area Plan will replace the existing zoning; and since the Site Plan Review requirement will, in the interim, help to assure the accomplishment of General Plan objectives." (3). Description of the "Recreational and Marine Commercial ": "Where inconsistencies between existing zoning and the 'Recreational and Marine Commercial' designation occur, except in area designated for a 'Specific Area Plan', properties will be rezoned to a, yet to be created, Recreational and Marine Commercial District." (4). Relating to the Dunes area on the question of zoning /General Plan consistency: "Any development plans for the Newport Dunes area should be prepared with the fullest possible cooperation between the City and County, and should be consistent with the intent of the 'Recreational and Environmental Open Space' designation of the General Plan." 76 -3 -H. Amendment to the Land Use Element text adding a statement to the effect that the property near Island Avenue • and Balboa Boulevard, currently zoned and developed for commercial purposes, may remain in a commercial district until the commercial -5- uses are discontinued, at which time rezoning to a residential district will be considered. The wording to be added to the Land Use Element text is as follows: "Commercial Uses on Balboa Boulevard near Island • Avenue. The property on the northerly side of Balboa Boulevard west of Island Avenue, currently zoned and developed for commercial purposes, may remain in a commercial zoning district until such time as commercial use of the property is discontinued or the property owner requests a zone change, at which time rezoning to a residential district will be considered." 76 -3 -I. Amendment to the Land Use Element and Residential Growth Element changing the designation of property at 807 East Bay Avenue from "Retail and Service Commercial" to "Two- Family Residential." 76 -3 -J. Amendment to the Land Use Element designating State -owned property adjacent to West Coast Highway between the Santa Ana River and Newport Boulevard for the preparation of a Specific Area Plan. 76 -3 -K. Amendment to the Land Use Element text revising the description of permitted uses in areas designated "General Industry" to permit separate office uses in certain areas. The wording to be added to the Land Use Element text is as follows: "General Industry. This subcategory includes research, development, and manufacturing firms, pro- fessional services (such as architecture or engineering) warehouses and wholesale sales, with retail sales only if the retail sales are ancillary to, and on the same lot as, another primary industrial or professional service iuse. Separate office buildings will be permitted within areas designated "General Industry" only where the zoning ordinance allows this use." -6 - WHEREAS, the City Council finds and determines that Amendment No. 76 -3 as set forth above is desirable and necessary; and • WHEREAS, the City Council has conducted a public hearing on the proposed amendment in accordance with all provisions of law; and WHEREAS, the City Council finds that the proposed amendments will not have a significant effect on the environment and desires to accept the Negative Declaration prepared for said General Plan amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the Negative Declaration on and approves Amendment No. 76 -3 to the Newport Beach General Plan as referred to hereinabove. ADOPTED this 22nd day of November ATTEST: • Cit y Clerk CERTIFIED AS HE ORIGINAL CITY CLERK OF THE CITY OF NEW? MAM NOV 2 4 1976 DATE, .... ......... .. ...................,- ..�..,. >., -7- 1976 DDO:yz 11/22/76